Purpose
What is the purpose being considered?
Favoring fair dealing
- [+] Reproduction is for the purpose of "research, private study, education, satire, or parody"
- [+] Reproduction is for the purpose of "criticism, review or news reporting" and is attributed to the original creator
Opposing fair dealing
- [-] Reproduction is NOT for research, private study, criticism, education, parody, satire, review or news reporting
- [-] Use is for-profit, or by a commercial entity Note: According to the CCH Canadian Ltd. v. Law Society of Upper Canada Supreme Court case, "some dealings, even if for an allowable purpose, may be more or less fair than others; research done for commercial purposes may not be as fair as research done for charitable purposes" (para. 54). This does not mean that all research done for commercial purposes would not be fair dealing - it would just be less likely to be fair.
